Logo AZ - 35 Años entregando soluciones legales

Serious or minor guilt? Experts criticize Government’s indications in the Anti-Fraud Law

Mar 22, 2024

Lawyers from law firms agreed that the standard proposed by the Executive is erroneous and warn of effects on the industry.

The Ministry of Finance presented last week a package of indications to reformulate the Anti-Fraud Law in the Senate.

The proposal of the Executive reinforces the catalog of presumptions of crimes through the establishment of willful misconduct or “gross negligence” linked to the user’s responsibility when there are frauds in their means of payment.

However, such standard did not come close to what was requested by the financial guilds during the legislative debate, which asked for the establishment of “slight fault”.

For the director of group compliance at Albagli Zaliasnk, Francisca Franzani, the Treasury’s approach “increases operating and management costs for issuers, who, faced with the need to cover these additional expenses, tend to pass them on to consumers in the form of higher rates or less favorable conditions“.

Source: Diario Financiero, March 22, 2024.

See here.

Te podría interesar

The 50 Legal Departments Shaping Chile

The 50 Legal Departments Shaping Chile

Forbes Chile unveils the corporate legal teams featured in the first edition of “Who’s Who in Chilean Legal Departments,” a list compiled with the support of Audentia, in which our partner Ariela Agosin served on the judging panel. The first edition of Forbes Chile’s...

The Data Paradox

The Data Paradox

We invite you to read the opinion column by Loreto Osorio, an associate in our Compliance Group, on the evolution of personal data processing in companies and the new obligations arising from the upcoming enforcement of the law in Chile. The phrase “knowledge is...